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UPDATE: Realtor Cooperation Policy amendment passes at CREA’s AGM

QUICK HITS

 

  • More than 82% of voting delegates voted in favour of ammending to the Realtor Code to include th new Realtor Cooperation Policy.
  • Under the new policy, which comes into force in January 2024, realtors must place their listings on MLS within three days of publicly marketing a residential property.
  • The policy defines public marketing as representation or marketing of a listing to anyone not directly affiliated with the listing brokerage/office in a business capacity, but direct one-to-one communication with an individual or agent is not included.

 

The Realtor Cooperation policy received overwhelming support from voting delegates at CREA’s annual general meeting in Ottawa on Tuesday afternoon.

According to sources, more than 82 per cent of voting delegates from the country’s boards and associations voted in favour of the amendment that will limit how exclusive listings can be marketed.

The policy, which will come into force on Jan. 3, 2024, will make it an ethical obligation for realtors to place their listings on MLS within three days of publicly marketing a residential property.

Christian Twomey, chair of the Calgary Real Estate Board (CREB), confirmed his board voted against the amendment, adding CREB viewed it as CREA stepping into Alberta’s jurisdiction.

“Concerns (from CREB members) were specific to, number one, how are we going to enforce it and the challenges around enforcing it and ensuring that realtors have the ability to continue with their business practices.”

Under the new policy, if a seller decides to forego placing their listing on MLS, they must provide written confirmation of this decision to the listing agent, including a specific instruction not to engage in public marketing of their property. 

Paul Baron, president of the Toronto Regional Regional Real Estate Board, previously expressed his board’s intention to vote in favour of the policy.

He explained, “When an agent goes in to do a listing presentation, the consumer can absolutely choose to list it exclusively or choose to list it on MLS. They don’t have to opt-out. They have that choice. The choice is not taken away.”

 

Public marketing vs. one-to-one

 

The Realtor Cooperation Policy explains public marketing as the representation or marketing of a listing to the public or anyone not directly affiliated with the listing brokerage/office in a business capacity but does not include direct one-to-one communication with an individual or agent outside of the listing brokerage.

Commercial property listings, new construction listings in developments with multiple properties or units and rentals are exempt from the policy.

 

Background

 

Tuesday’s vote comes after months of consultations with boards and associations. The original policy, proposed last fall, received significant pushback from the industry. 

CREA’s board of directors approved a revised version of the policy in March.  

Twomey explains, “The policy today is better than it was in the fall in that it still does allow for exclusive listings provided they are marketed through one-on-one communication.”

Toronto-based real estate agent Penny Dutkowski shared her worries in a comment on a previous article. She stated that if a private listing cannot be marketed publicly, it is highly likely to fail.

She continues, “The decision to back this fails to recognize that not all sellers want their property’s listing broadcast widely. The purpose is to force sellers onto the MLS—there is no justifiable reason otherwise for this unfortunate, myopic, industry-selfish move.”

 

Enforcement 

 

Enforcement will fall to local boards and associations, Twomey says. When asked if eight months is enough time to create new rules and guidelines on a local level, the CREB chair says, “We’ll do our best.”

He adds, “The Realtor Code continues to be an important standard for our members. We’ll back what the voting delegates have decided.”

 

 

Editor’s note: This article has been updated from its original version to include additional information and updated details.

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